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Navigational Safety Bylaw 2019 Contents

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Navigational Safety Bylaw 2019 Contents Navigational Safety Bylaw 2019 Contents Part Preliminary 01 Provisions 01. Title and commencement 01 That pursuant to section 33M of the Maritime Transport Act 1994 02. Application 01 and the Local Government Act 2002, the Otago Regional Council 03. Interpretation 01 resolves that the Navigation Safety Bylaw 2019 adopted on 04. Revocation 12 3rd April 2019, is hereby confirmed, and shall come into force on 1 May 2019. Part General Navigation 02 Safety Requirements The common seal of the Otago Regional Council was hereunto affixed on 3rd April 2019 in the presence of: 05. Person in charge of the vessel 13 06. Carriage of personal flotation devices 13 07. Exemptions to the compulsory carriage of personal flotation devices 14 08. Wearing of personal flotation devices on vessels 15 09. Minimum age for operating power-driven vessels 16 10. Navigation on rivers 16 11. Fishing or swimming or diving around landing places 16 12. Obstructions that may constitute or become a danger to Councillor maritime safety 17 13. Vessels to be adequately secured 17 14. Vessels to be seaworthy 17 15. Vessels to be identified 18 16. Navigational aids 19 Councillor Part Speed Limits, Reserved 03 Areas and Access Lanes 17. General speed limits 21 18. Special Speed Zone (SSZ) 23 19. Reserved Areas and Access Lanes 24 20. Special events 24 21. Conduct near marine mammals 25 Contents Part Preliminary Part Achoring 01 Provisions 04 and Mooring 22. Anchoring 27 23. Moorings 27 1. Title and commencement ( 1 ) This Bylaw is the Otago Regional Council Navigation Safety Bylaw 2019. ( 2 ) This Bylaw comes into force on 01 May 2019. Part Special Controls on 05 Activies in Otago Harbour 24. Communication requirements for vessels in the Otago 2. Application Harbour Shipping Channel 16 29 ( 1 ) This Bylaw applies to all waters in the Otago Region including the 25. Moving Prohibited Zone (MPZ) 29 territorial sea and all inland waters apart from: 26. Vessel movements in proximity to ships 30 ( a ) The navigable waters in the Queenstown Lakes District Council 27. Fishing in Otago Harbour Shipping Channel 30 area, which are administered by that council as shown in Appendix A. ( b ) Lake Dunstan and the Kawarau River which are administered by Part Maritime Safety Central Otago District Council as shown in Appendix B. 06 Administrative Matters 28. Notification of maritime accidents, incidents and mishaps 33 29. Written approvals 34 3. Interpretation 30. Offences and penalties 34 ( 1 ) In this Bylaw, unless the context otherwise requires: ‘accident’ means an occurrence that involves a vessel and in which Part Appendices ( c ) a person is seriously harmed as a result of – 07 ( d ) being on the vessel or Appx A. Otago Region 36 ( i ) direct contact with any part of the vessel; including any Appx B. Waters Where Bylaw Does Not Apply in part that has become detached from the vessel, or Central Otago District 38 ( ii ) direct exposure to the wash of the vessel or interaction Appx C. Commercial Port Areas of Otago Harbour 40 (other than direct contact) between two vessels; or Appx D. Otago Harbour Shipping Channel 42 ( iii ) being involved in the salvage of any vessel, except where Appx E. Special Speed Zones for Otago Inland Waters 44 the injuries are self-inflicted or inflicted by other persons, Appx F. Halfway Islands Safety Zone 56 or when injuries are to stowaways hiding outside areas Appx G. Oamaru Harbour 58 normally available to passengers and crew; or Appx H. Lake Waihola Reserved Areas and Access Lanes 60 ( e ) the vessel sustains damage or structural failure that: Part 01 Preliminary Provisions Interpretation ( iv ) adversely affects the structural strength, performance, or ‘anchoring’ means the temporary securing of a vessel to the bed of the seaworthiness of the vessel; or waterway by means of an anchor, cable or other device, that is normally ( v ) would normally require major repair or replacement of the retrieved from the water and stored on the vessel on departure. affected component; or ( vi ) poses a threat to the safety of people on board the vessel; ‘beacon’ means an aid to navigation identified with a beacon symbol as or shown on Land Information New Zealand Chart 6612 Otago Harbour. Beacon ( f ) there is a complete or partial failure of machinery or equipment numbers are as shown on Chart 6612. that affects the seaworthiness of the vessel; or ( g ) there is a loss of, or damage to, or movement of, or change in the ‘Council’ means the Otago Regional Council. state of the cargo if the vessel which poses a risk to the vessel or other vessels; or ‘Commercial Port Area’ means areas defined as a Coastal Development ( h ) there is a significant loss of, or significant damage to, property Area or a Coastal Harbourside Area in the Regional Coastal Plan for the (not being the cargo carried by the vessel) or the property of any Otago and Oamaru Harbours as shown in the maps in Appendix C and person (whether or not on board the vessel), whether or not the Appendix G. loss or damage arises from an interaction between two vessels; or ‘competent person’ when used in relation to the inspection and/or mainte- ( i ) there is a loss or escape of any substance or thing that nance of moorings means a person or organisation who has demonstrated ( vii ) may result or has resulted in serious harm to any person; or to the satisfaction of the Harbourmaster that they are suitably experienced ( viii ) may pose a risk, or has resulted in damage to the vessel or and/or qualified to undertake inspections and/or maintenance of moorings. other vessels; or ( ix ) may pose a risk, or has resulted in any damage to any ‘Enforcement Officer’ means a person appointed by Council under section property (whether or not on board the vessel); or 33G of the Act. ( j ) a person is lost overboard (whether or not subsequently found), or is missing; or ‘flag ’A means flag A of the International Code of Signals (the divers flag) ( k ) the vessel is foundering, capsizing or being abandoned, stranded being a swallow tailed flag, or a rigid equivalent, coloured in white and blue or been in a collision, or has a minor fire on board with white to the mast, of not less than 600mm by 600mm. ‘Act’ means the Maritime Transport Act 1994. ‘flag B’ means the flag B of the International Code of Signals being a swallow tailed flag, or a rigid equivalent, coloured in red of not less than 600mm by ‘access lane’ means an area declared as an access lane under clause 19. 600mm. ‘Dunedin Wharves’ means the Commercial Port Area of Otago Harbour at Dunedin located west of beacon 67. 2 3 Part 01 Preliminary Provisions Interpretation ‘Halfway Islands Safety Zone’ means the area identified in Appendix F. projecting beyond these terminal points must not be included in the length overall. Structures (such as bulbous bows, deckhouses, free flooding bait ‘Harbour Area’ means Otago Harbour or Oamaru Harbour. tanks and buoyancy tubing) projecting beyond these terminal points must be included in the length overall …’ ‘Harbour Control’ means the Otago Harbour vessel traffic control centre operated by Port Otago Limited. Explanatory note: The Advisory Circular to Maritime Rule Part 40A has further Explanatory note: Harbour Control is staffed at all times and may be contact- guidance and interpretation of this definition. ed on VHF Channel 14. Alternative contact information for Harbour Control; Telephone: 472 9882; Email: [email protected]. ‘Local Notice to Mariners’ means a notice related to maritime safety in Ota- go which is available to the public from the Council website. ‘Harbourmaster’ has the same meaning as in section 2 of the Act. ‘marine mammal’ has the same meaning as in Section 2 of the Marine Mam- ‘incident’ means any occurrence, other than an accident, that is associated mal Protection Act. with the operation of a vessel and affects or could affect the safety of oper- ation. ‘manoeuvre’ means actions that change the direction of a vessel. ‘Lake Waihola’ means the lake area shown in Appendix H. ‘master’ means any person (except a pilot) having command or charge of any ship. ‘landing place’ means a wharf, jetty, dock, quay, landing, pile mooring, pier, pontoon, boat ramp, slipway or other facility, where vessels can be or may ‘medium vessel’ means any vessel more than 15 metres but less than 40 be moored, launched or retrieved, but does not include a mooring. metres in Length Overall and under 500 gross tonnage. ‘large vessel’ means any vessel 40 metres or greater in Length Overall, or ‘mishap’ means an event that 500 gross tonnage or greater. If a tug and tow or composite vessel, gross ( a ) causes any person to be harmed; or tonnage shall be the sum of gross tonnage for all of the connected vessels. ( b ) in different circumstances, might have caused any person to be harmed ‘Length Overall’ has the same meaning as ‘length overall’ as defined in Mari- time Rule Part 40C. If a tug and tow, Length Overall shall be the combination ‘mooring’ means any weight or article placed in or on the foreshore or of the tug and object(s) towed but not the length of the towing medium. seabed or the bed of a water body for the purpose of securing a vessel, raft, Explanatory note: Maritime Rule Part 40C defines length overall as ‘the aircraft, or floating structure, and includes any wire, rope, buoy, or other length of the ship measured from the foreside of the head of the stem to the device attached or connected to the weight, but does not include an anchor aftermost part of the transom or stern of the ship.
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